QUESTION
Does my Last Will and Testament need to be notarized and why?
Asked on Jul 08th, 2015 on Estate Planning - California
More details to this question:
I plan on having two people witness my signing of my Last Will and Testament. Does it need to be notarized?
14 ANSWERS
Civil Litigation Attorney serving Ventura, CA
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The Law Office of Robert I. Long
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No, not normally, although I can envision a special will designed to be recorded requiring a Notary acknowledgment.
Answered on Jul 16th, 2015 at 6:28 PM
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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No, wills do not need to be notarized.
Answered on Jul 09th, 2015 at 12:43 AM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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No, Your signature isn't notarized. Your two witnesses make an affidavit that says they saw you sign, you appeared to be of age and not under duress, that both witnesses were in the room and saw you sign and each saw the other sign as a witness. This is their testimony about the execution of your will, and makes the will "self-proving:" when the affidavit is presented along with the will, it is acceptable to the court without the need to have the witnesses actually appear in court and testify about the signing. Being a sworn statement, the affidavit of the witnesses must be notarized. Oregon doesn't recognize holographic wills, so the form of signing and witnessing has to be perfect for the will to be valid.
Answered on Jul 09th, 2015 at 12:38 AM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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No notary. Just two witnesses who see you sign the will after you have declared to them that it your last will and testament. Notarys are ineffective as witnesses, and are not recognized in California as witness to your will.
Answered on Jul 09th, 2015 at 12:37 AM
Not in California. ?If everything on the page is in your own handwriting [absolutely nothing typed or pre-printed] then you do not need any witnesses, but it does not hurt.
Answered on Jul 09th, 2015 at 12:32 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Depending on the state, a will may or may not have to be notarized.
Answered on Jul 09th, 2015 at 12:29 AM
Edwin K. Niles
Notarization adds nothing; two witnesses are required (and make sure they are not beneficiaries).
Answered on Jul 09th, 2015 at 12:25 AM
Estate Planning Attorney serving La Grange, IL
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Law Office of T. Phillip Boggess
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A notary makes the Will self-proving. Without it, there is a strong possibility that the court will want to verify the signatures of the witnesses which may require affidavits from the witnesses after the testator dies.
Answered on Jul 09th, 2015 at 12:25 AM
Thomas Edward Gates
You need an affidavit signed by you and the witnesses and, then notarized. There is no other way to show that you were the person issuing the will and, that the witnesses saw you freely sign it.
Answered on Jul 09th, 2015 at 12:21 AM
Commercial Attorney serving Chicago, IL
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Ashcraft & Ashcraft, Ltd.
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The statute requires that the will be signed in the presence of two witnesses. The witnesses must also sign the will. The notary acknowledgement assists in proving the will before the court and is not required.
Answered on Jul 08th, 2015 at 3:18 PM
Probate Attorney serving New Orleans, LA
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James G. Maguire
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If it is a typed (Louisiana notarial) will, it does need to be notarized. If it is a handwritten will, no witnesses or notary are necessary.
Answered on Jul 08th, 2015 at 3:07 PM
No, but it's not a bad idea.
Answered on Jul 08th, 2015 at 3:06 PM
It depends upon the law of the state in which you reside. But generally, it is a very good idea to have all estate planning documents notarized to avoid questions at a later date about your intent or the validity of the document.
Answered on Jul 08th, 2015 at 3:05 PM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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Do not notarize. Notarizing add NOTHING to a will.
Answered on Jul 08th, 2015 at 2:59 PM